By On Sep 28, 2018 Form Templates
The structure is important, Hill says. “In order for our logical syllogism or rule-based reasoning to work, the legal writer needs to prove or provide all of the rules and sub-rules and any exceptions, along with any case exceptions before applying the law to the facts of your case and making any comparisons to precedent.” Judges and other legal readers do not like surprises, she says. “They do not want you to include new law in the application section or any exceptions to the rule after you start applying that rule to your facts. So this form will give the reader comfort and confidence.”
Some lawyers, especially less experienced ones being encouraged to avoid legalese, end up turning blithely informal and flouting the norms of standard English, especially in email messages. For example, they might write "u" instead of "you" and "cd" instead of "could." Some even use emoticons. Even if you find yourself working for a firm where some people do these things, exercise restraint. Use conventional punctuation and capitalization in your email messages. Your colleagues wont think any less of you, and your supervisors will appreciate your professionalism.
When given an assignment, ask plenty of questions. Read the relevant documents and take good notes. Learn all you can about the clients situation. If you are a junior asked to write a memo or a motion but you are not told anything about the clients actual problem, ask what it is in some detail. You must be adequately briefed—and thats partly your responsibility. Theres almost no way to write a good research memo in the abstract. As you are reading cases and examining statutes, you will be in a much better position to apply your findings if you know the relevant specifics.
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